ORDINARY MEETING
AGENDA
19 MARCH 2019
Your attendance is required at an Ordinary meeting of Council to be held in the Council Chambers, 4 Lagoon Place, Yeppoon on 19 March 2019 commencing at 8.30am for transaction of the enclosed business.
CHIEF EXECUTIVE OFFICER 14 March 2019 Next Meeting Date: 01.04.19
Please note:
In accordance with the Local Government Regulation 2012, please be advised that all discussion held during the meeting is recorded for the purpose of verifying the minutes. This will include any discussion involving a Councillor, staff member or a member of the public.
ORDINARY MEETING AGENDA 19 MARCH 2019
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 OPENING...... 3
2 ATTENDANCE...... 3
3 LEAVE OF ABSENCE / APOLOGIES ...... 4
NIL ...... 4
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING...... 5
5 DECLARATION OF INTEREST IN MATTERS ON THE AGENDA ...... 6
6 PUBLIC FORUMS/DEPUTATIONS ...... 7
NIL ...... 7
7 BUSINESS ARISING OR OUTSTANDING FROM PREVIOUS MEETINGS ...... 8
7.1 BUSINESS OUTSTANDING TABLE FOR ORDINARY COUNCIL MEETING ...... 8
8 PRESENTATION OF PETITIONS ...... 23
NIL ...... 23
9 MAYORAL MINUTE ...... 24
9.1 MAYORAL MINUTE - 2019 QUEENSLAND PARLIAMENT'S FLOOD APPEAL ...... 24
10 COUNCILLOR/DELEGATE REPORTS ...... 25
NIL ...... 25
11 AUDIT, RISK AND BUSINESS IMPROVEMENT COMMITTEE REPORTS ...... 26
NIL ...... 26
12 REPORTS ...... 27
12.1 COUNCILLOR AGENDA ITEM REQUESTS ...... 27 12.2 AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION NATIONAL GENERAL ASSEMBLY 2019...... 29 12.3 MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDING 28 FEBRUARY 2019 ...... 41 12.4 AUDIT, RISK AND BUSINESS IMPROVEMENT COMMITEEE MEETING - 28 FEBRUARY 2019 ...... 60 12.5 REGIONAL ARTS DEVELOPMENT FUND ROUND TWO 2018/2019 ..... 63 12.6 VERSION 2 WASTE AND RECYCLING COMMUNITY SERVICE OBLIGATION POLICY AND PROCEDURE ...... 66 12.7 VERSION 2 CLEARING SEWER BLOCKAGES IN PRIVATE PROPERTY POLICY ...... 84
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12.8 REQUEST FOR COMMENT - LOT 109 ON SP178490 TO BECOME TRANSFERABLE LAND UNDER ABORIGINAL LAND ACT 1991 ...... 96 12.9 PROPOSED PERMANENT ROAD CLOSURE ADJOINING LOT 1 ON RP848851 ...... 100 12.10 REQUEST FOR RENEWAL OF LEASE - THE CAVES RURAL FIRE BRIGADE ...... 107 12.11 NAMING A LANE IN KEPPEL SANDS ...... 111 12.12 COMMERCIAL GREEN WASTE CHARGES ...... 115
13 CLOSED SESSION ...... 117
14.1 LGAQ EXTRAORDINARY GENERAL MEETING - 2 APRIL 2019 14.2 REFUND OF DISABLED PARKING FINE - YEPPOON LAGOON
14 CONFIDENTIAL REPORTS...... 118
14.1 LGAQ EXTRAORDINARY GENERAL MEETING - 2 APRIL 2019 ...... 118 14.2 REFUND OF DISABLED PARKING FINE - YEPPOON LAGOON ...... 119
15 URGENT BUSINESS/QUESTIONS ...... 120
16 CLOSURE OF MEETING ...... 121
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1 OPENING
2 ATTENDANCE
Members Present: Mayor, Councillor Bill Ludwig (Chairperson) Deputy Mayor, Councillor Nigel Hutton Councillor Adam Belot Councillor Pat Eastwood Councillor Jan Kelly Councillor Glenda Mather Councillor Tom Wyatt
Officers in Attendance: Mrs Chris Murdoch – Chief Executive Officer Mr Brett Bacon – Executive Director Liveability and Wellbeing Mr Dan Toon – Executive Director Infrastructure Mrs Andrea Ellis – Chief Financial Officer Mr Matthew Willcocks - Chief Technology Officer Mr Nick Sheehan - Chief Human Resources Officer
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3 LEAVE OF ABSENCE / APOLOGIES
Nil
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4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
Minutes of the Ordinary Meeting held 4 March 2019.
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5 DECLARATION OF INTEREST IN MATTERS ON THE AGENDA
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6 PUBLIC FORUMS/DEPUTATIONS
Nil
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7 BUSINESS ARISING OR OUTSTANDING FROM PREVIOUS MEETINGS
7.1 BUSINESS OUTSTANDING TABLE FOR ORDINARY COUNCIL MEETING
File No: GV13.4.1 Attachments: 1. Business Outstanding Table - 19 March 2019⇩ Responsible Officer: Chris Murdoch - Chief Executive Officer
SUMMARY The Business Outstanding table is used as a tool to monitor outstanding items resolved at previous Council or Committee Meetings. The current Business Outstanding table for the Ordinary Council Meeting is presented for Councillors’ information.
OFFICER’S RECOMMENDATION THAT the Business Outstanding table for the Ordinary Council Meeting be received.
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7.1 - BUSINESS OUTSTANDING TABLE FOR ORDINARY COUNCIL MEETING
Business Outstanding Table - 19 March 2019
Meeting Date: 19 March 2019
Attachment No: 1
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ORDINARY MEETING AGENDA 19 MARCH 2019
8 PRESENTATION OF PETITIONS
Nil
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9 MAYORAL MINUTE
9.1 MAYORAL MINUTE - 2019 QUEENSLAND PARLIAMENT'S FLOOD APPEAL
File No: 14.1 Attachments: Nil Responsible Officer: Bill Ludwig - Mayor
SUMMARY In lieu of accepting the Premiers invitation for the Mayor to attend the 2019 Queensland Parliament’s Flood Appeal Reception in Brisbane on 28 March, it is recommended that Council write to the Premier to congratulate her on the initiative and make a donation of $1,500 to the appeal from the Mayor’s Discretionary Fund.
RECOMMENDATION THAT Council approve the donation of $1,500 to the 2019 Queensland Parliament’s Flood Appeal from the Mayor’s Discretionary Fund BACKGROUND An invitation from the Premier was received by the Mayor to attend the 2019 Queensland Parliament’s Flood Appeal Reception at Parliament House on Thursday 28 March, 2019. Cost for attendance is $125. With flights and accommodation included, estimated cost for the Mayor to attend this reception would be in excess of $700.
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10 COUNCILLOR/DELEGATE REPORTS
Nil
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11 AUDIT, RISK AND BUSINESS IMPROVEMENT COMMITTEE REPORTS
Nil
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12 REPORTS
12.1 COUNCILLOR AGENDA ITEM REQUESTS
File No: GV13.4.1 Attachments: Nil Responsible Officer: Chris Murdoch - Chief Executive Officer Author: Nicole Robertson - Coordinator Executive Support
SUMMARY This report is to provide information in relation to Councillor requests for agenda items.
OFFICER’S RECOMMENDATION THAT Council receive the report in relation to the following items requested by Councillors for inclusion in an agenda: Parking for Service Providers – Anzac Parade Kangaroo Signs & Dead Animal Collection Kerbside Collection Reticulated Water to Mabel Edmund Park Email from a Resident regarding numerous concerns about maintenance on Council Infrastructure, Parks and Sporting Facilities; and query on Rating Charges Envirolink Annal Rent Tookers Road Upgrade
BACKGROUND The information contained in the commentary of this report is being provided in accordance with Council Meeting’s Procedures Policy, s2.9.2 Request by a Councillor to Place an Item on the Agenda. COMMENTARY
Councillor Subject Action Outcome / Update
Mather Parking for Service The matter is currently being Briefing being provided to Providers – Anzac dealt with operationally due Councillors on 1 April 2019. Parade. to another Councillor raising the same matter, via Council’s customer request system, prior to Cr Mather raising this matter with Council.
Mather Kangaroo Signs & Dead Referred to a Briefing Briefing being provided to Animal Collection Session in the first instance. Councillors on 18/3/19.
Belot Kerbside collection Referred to a Briefing Briefing being provided to Session in the first instance. Councillors on 18/3/19.
Kelly Reticulated Water to Referred to a Briefing Briefing being provided to Mabel Edmund Park Session in the first instance. Councillors on 18/3/19.
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Mather Email from a Resident The matters are currently This matter has been dealt regarding numerous being dealt with with operationally and a concerns about operationally, via Council’s response has been maintenance on Council customer request system, in provided to the resident who Infrastructure, Parks the first instance due to raised the concerns directly and Sporting Facilities; direct contact by the resident with the organisation. A and query on Rating with the organisation, prior to copy of the response will be Charges. Cr Mather raising them with provided to all Councillors. Council. Mather Envirolink Annual Rent Has been dealt with Council officers met with the operationally. President of the Capricorn Coast Landcare Group to discuss the matter and a formal response was provided following this meeting. Councillors will be provided with a copy of the response. Mather Tookers Road Upgrade Referred to a Briefing Briefing being provided to Session in the first instance. Councillors in April 2019. CORPORATE/OPERATIONAL PLAN Corporate Plan Reference: Strategy GO4: Provide transparent and accountable decision making reflecting positive leadership to the community. LOCAL GOVERNMENT PRINCIPLES The local government principles are – (a) Transparent and effective processes, and decision-making in the public interest; and (b) Sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) Democratic representation, social inclusion and meaningful community engagement; and (d) Good governance of, and by, local government; and (e) Ethical and legal behaviour of councillors and local government employees. CONCLUSION This report, presented in accordance with the Meeting Procedures Policy is provided for the information of Councillors.
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12.2 AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION NATIONAL GENERAL ASSEMBLY 2019
File No: GV13.4.1 Attachments: 1. 2019 NGA provisional program⇩
Responsible Officer: Chris Murdoch - Chief Executive Officer Author: Sue Schluter - Executive Assistant to Mayor
SUMMARY The Australian Local Government Association (ALGA) National General Assembly (NGA) is being held in Canberra, 16 – 19 June 2019. This report provides information for the attendance of Deputy Mayor Cr Hutton (who will be Acting Mayor at the time) for endorsement by the table.
RECOMMENDATION That Council resolves to 1. endorse the attendance by Cr Hutton at the ALGA Assembly in Canberra 16-19 June 2019; and 2. change the date of the Ordinary Council Meeting scheduled for Tuesday, 18 June 2019 to Thursday, 20 June 2019 due to the absence of Acting Mayor Cr Hutton.
BACKGROUND The provisional program for 2019 is attached to this report. COMMENTARY nil PREVIOUS DECISIONS nil BUDGET IMPLICATIONS The approx. cost of attending the ALGA NGA is as follows:
Full registration (if paid by 10 May 2019) $ 989.00 General Assembly Dinner $ 140.00 Networking Dinner $ 110.00 Flights (approx.) $ 800.00 Accommodation (approx.) $ 800.00 LEGISLATIVE CONTEXT nil LEGAL IMPLICATIONS nil STAFFING IMPLICATIONS nil RISK ASSESSMENT nil
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CORPORATE/OPERATIONAL PLAN Corporate Plan Reference: Strategy GO4: Provide transparent and accountable decision making reflecting positive leadership to the community. LOCAL GOVERNMENT PRINCIPLES The local government principles are – (a) Transparent and effective processes, and decision-making in the public interest; and (b) Sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) Democratic representation, social inclusion and meaningful community engagement; and (d) Good governance of, and by, local government; and (e) Ethical and legal behaviour of councillors and local government employees. CONCLUSION The attendance of Cr Hutton at the ALGA NGA will ensure Livingstone Shire Council has a voice at this national event.
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12.2 - AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION NATIONAL GENERAL ASSEMBLY 2019
2019 NGA provisional program
Meeting Date: 19 March 2019
Attachment No: 1
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ORDINARY MEETING AGENDA 19 MARCH 2019
12.3 MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDING 28 FEBRUARY 2019
File No: FM12.14.1 Attachments: 1. Monthly Financial Report - February 2019⇩
Responsible Officer: Andrea Ellis - Chief Financial Officer Author: Damien Cross - Coordinator Accounting Services
SUMMARY Presentation of the Livingstone Shire Council Monthly Financial Report for the period ending 28 February 2019 by the Coordinator Accounting Services. OFFICER’S RECOMMENDATION THAT the Livingstone Shire Council Monthly Financial Report for the period ending 28 February 2019 be received.
BACKGROUND The attached Financial Report has been compiled from information within Council’s Finance One and Pathway systems. The report presented includes: 1. Key Strategic Financial Indicators 2. Summary of Financial Results 3. Detailed Statements The attached financial information presents a snapshot of the month (February) and year-to- date position of Council’s financial performance for the 2018-19 financial year. Commitments are excluded from the reported operating & capital expenditures. All variances are reported against the 19Q2 Revised Budget as adopted by Council on 19 February 2019. All budgets have been developed on a monthly basis. The attached reports show the business units segregated revenue and expenditure statements and balance sheets. COMMENTARY The Financial Report compares actual performance to date with Council’s 19Q2 revised budget and identifies significant variances or areas of concern. It also provides information about additional areas of financial interest to Council and reinforces sound financial management practices throughout the organisation. This information is provided through the attached monthly financial report.
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Financial Performance The operating performance for the financial year to 28 February 2019 shows an operating surplus of approximately $23.9 million compared to an YTD budgeted operating surplus of approximately $19.3 million.
Financial Performance Summary to 28 February 2019 YTD 19Q2 YTD Actual Variance Variance Status Revised ($m) ($m) YTD % Budget ($m)
Operating Revenue $79.6 $77.6 ($2.0) (3%) Operating Expense ($60.3) ($53.4) $6.9 (11%) Operating Surplus $19.3 $23.9 $4.6 24%
Capital Revenue $9.2 $9.8 $0.6 6% Capital Expenditure ($33.6) ($22.0) ($11.6) (35%) Note: Actual results exclude purchase order commitments. Status Legend: Above budgeted revenue or under budgeted expenditure Below budgeted revenue or over budgeted expenditure <10% Below budgeted revenue or over budgeted expenditure >10% Operating Revenue The year to date operating revenue is below the year-to-date budget. The second half-yearly rates & utility charges and second quarter water consumption notices were generated with an issue date of 30 January 2019 and a due date of 6 March 2019. Timing variances for rates & utility charges and sales revenue are the main contributing factors to this variance. Table A.1 in the Monthly Financial Report (Attachment 1) shows operating revenue by major category of actuals to budget variances by line item. Operating Expenses Year to date operating expenditure is below budget by $6.9 million which excludes $7.6 million in committals. Table A.1 in the Monthly Financial Report (Attachment 1) reports operating expenditure by major category of actuals to budget variances by line item. Total operating expenses are under budget mostly due to an underspend of $4.3 million in materials & services and $2.2 million in employees benefits with a number of vacant positions currently being at various stages of recruitment and other non-wage employee expenditures being below budget. A snapshot of the expenditure on the rural and urban roads maintenance programs in comparison to both the 19Q2 year to date revised budget and the full year 19Q2 revised budget is outlined below:
YTD Actual YTD 19Q2 Full Year 19Q2 % Full Year ($000’s) Revised Revised Budget 19Q2 Revised Budget ($000’s) Budget Spent ($000’s) Rural Maintenance $2,408 $2,760 $4,245 56.7% Urban Maintenance $1,064 $1,478 $2,206 48.2% Note: Actual results exclude purchase order commitments.
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Capital Revenue Total capital revenue is ahead of budget by approximately $0.5 million. The 19Q2 capital revenue budget for developer contributions is $891k. Year to date developer’s contributions are $489k. Capital Expenditure Capital expenditure incurred as at 28 February 2019 is summarized in Table D.1 and D.2 in Attachment 1. The 19Q2 year to date total budgeted capital expenditure is approximately $33.6 million with YTD actuals of $22 million with a further $19.8 million in committed expenditure. Capital Expenditure has been closely reviewed as part of the 19Q2 Budget review process. Table D.3 highlights the significant capital works projects with a revised expenditure budget greater than $1 million and includes the YTD actuals and project life-to-date costs in comparison to budget. Statement of Financial Position as at 28 February 2019 A detailed balance sheet is provided in Table B in Attachment 1 as at 28 February 2019. The balance sheet shows a low level of total liabilities in comparison to total assets and consists predominantly of trade & other payables, other provisions and loan borrowings. Council’s total loan balances are approximately $83.6 million with the first and second quarterly repayments having been made to the Queensland Treasury Corporation (QTC) during September and December 2018. Council has not accessed the approved working capital facility. Interest on long term borrowings range from 3.123% to 5.554% with the average cost of capital being 4.35%. Statement of Cash Flows The statement of cash flows provided in Table C in Attachment 1 shows Council’s expected cash flows for the financial year and the actual cash flows. The cash position remains sound with cash totaling approximately $38 million at 28 February 2019. Available cash is either invested with the Queensland Treasury Corporation (QTC) Capital Guaranteed Cash Fund or held in fixed term deposits with financial institutions. The annual effective interest rate for the QTC Capital Guaranteed Cash Fund at 28 February 2019 was 2.89% p.a. Interest rates for Council’s current term deposit is 2.70% and reflects the fixed interest rate for the term of the investment. Interest earned on cash and investments for the month of February was $73K. Outstanding Sundry Debtors At 28 February 2019, outstanding sundry debtors stand at $1,640,945 and of this balance $221,152 is current. There are 28 accounts which are over 60 days totaling $1,318,404 which represents approximately 29% of total outstanding sundry debtors. Outstanding and Overdue Rates and Charges The total rates debtor balance at 28 February 2019 stands at $27,170,443. There is $856,412 in prepaid rates as at the 28 February, with net rates outstanding being $26,314,031 as at 28 February. The second half year general rates and the second quarter water consumption notices were issued on the 30 January and are due on 6 March 2019. The KPI target for outstanding rates is to reduce rates receivables to less than 5% of total rates outstanding prior to the next six monthly billing cycle. Whilst the collection process of overdue rates receivables is proceeding, total rates receivables as at 28 February 2019 eligible for collection (excluding the current levy) is $4,375,982 which is 6% of rates levied. The following table analyses this overdue amount by age of debt.
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Aging Period Arrears % of total balance eligible for (before collection deducting prepaid rates) Current $25,503,894 93.87% 1 years $785,744 2.89% 2 years $444,729 1.64% 3 years $193,013 0.71% 4 years $135,482 0.50% 5 years $107,581 0.39% TOTAL $27,170,443 100%
Council offers a direct debit facility with 2,155 direct debits totaling $176,339.58 processed in February. Debt Management Ratepayers always have the option to enter into formal payment arrangements, which prevents legal action being progressed by Council’s debt collection agency. Council resolved to reduce the overdue interest from 10% to 7% per annum in 2018-19, applied monthly, on all overdue balances, including those under a formal payment agreement. In total, 30% of the overdue balances are under management, this reflects 623 assessments out of all (17,520) rateable assessments (3.55%). Proposals to pay require all current arrears to be paid in full prior to the next rating period. Therefore, proposals to pay made prior to December 2018 have been cancelled and 143 proposals are now in place as of 28 February 2019 representing a total of $272,614. There are 123 (January: 125) assessments under long term arrangements (agreements to pay) with a total of $513,825 with varying settlement periods. A total of 357 (January: 395) assessments, representing $1,316,789 (January: $1,503,112) are currently being managed by Council’s debt collection agency. Compared to February 2018, there are 34 more assessments under a debt management arrangement but a decrease in the total value under management by $51,972.
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Procurement Activities Council strongly supports locally-owned and operated businesses, including those with an office or branch in our region. Council is able to report on direct local spend for both operational and capital expenditure in addition to employee salaries & wages. The data provided is only reflective of the payments made through Accounts Payable and via corporate purchase cards and does not make any consideration for other economic impacts. LSC = Businesses located within the shire boundaries. CQ = Business completely set up and run outside of LSC boundaries but within the Central Queensland. QLD = Business based outside of Central Queensland but within Queensland OTHER = Business based outside of Queensland. The following pie chart illustrates the total dollars spent this financial year by geographical categories. The total spend on businesses located within the Shire boundaries was 35% or $16.9 million. For the financial year to 28 February 2019, Council has purchased more of its materials and services from businesses and industries that are located within the Shire boundaries.
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The bar graph below summarises the allocation by local spend categories per financial year since 2013-14. Council procures, on average, 70% of materials & services from within the greater Central Queensland area, which includes Livingstone Shire Council.
PREVIOUS DECISIONS Council adopted the 2018-19 Budget on 24 July 2018. The 19Q1 Revised Budget was adopted by Council on 6 November 2018 and the 19Q2 Revised Budget adopted by Council on 19 February 2019. BUDGET IMPLICATIONS The Monthly Financial Report shows Council’s financial position in relation to the 19Q2 revised budget. LEGISLATIVE CONTEXT In accordance with Section 204 of the Local Government Regulation 2012, a Financial Report is to be presented to Council on at least a monthly basis.
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LEGAL IMPLICATIONS There are no legal implications as a result of this report. STAFFING IMPLICATIONS There are no staffing implications as a result of this report. RISK ASSESSMENT Regular robust reporting of Council’s financial results assists in creating a framework of financial responsibility within the Council and providing sound long term financial management of Council’s operations. CORPORATE/OPERATIONAL PLAN Corporate Plan Reference: Strategy GO3: Pursue financial sustainability through effective use of the Council’s resources and assets and prudent management of risk. CONCLUSION The Financial Report provides information about Council’s financial performance and position for the month ending 28 February 2019. The attached financial results are indication of Council’s financial results in 2018-19 in comparison to the 19Q2 Revised Budget.
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12.3 - MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDING 28 FEBRUARY 2019
Monthly Financial Report - February 2019
Meeting Date: 19 March 2019
Attachment No: 1
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ORDINARY MEETING AGENDA 19 MARCH 2019
12.4 AUDIT, RISK AND BUSINESS IMPROVEMENT COMMITEEE MEETING - 28 FEBRUARY 2019
File No: GV13.4.2 Attachments: Nil Responsible Officer: Rodney Chapman - Coordinator Governance Author: Tanya Callaghan - Support Services Officer
SUMMARY The Audit, Risk and Business Improvement Committee met on 28 February 2019 and this report provides the recommendations from the Committee for consideration and adoption by Council. The reports from the meeting are available for viewing by Councillors on the Councillor Portal.
OFFICER’S RECOMMENDATION THAT the unconfirmed minutes of the Audit, Risk and Business Improvement Committee held on 28 February 2019 be received and the following recommendations contained within those minutes be adopted. 3 CONFIRMATION OF MINUTES OF PREVIOUS MEETING THAT the minutes of the Audit, Risk and Business Improvement Committee held on 10 December 2018 be taken as read and adopted as a correct record. 7 REPORTS THAT the Committee receive this report on the outcomes from the annual self-assessment. 7.1 COMMITTEE WORK PROGRAM STATUS THAT the Committee receives the status of the Annual Work Program. 7.2 2019 SCHEDULE OF MEETINGS FOR THE AUDIT RISK AND BUSINESS IMPROVEMENT COMMITTEE THAT the Audit, Risk and Business Improvement Committee investigate alternative dates for the months of August, October and December 2019. 7.3 EXECUTIVE LEADERSHIP TEAM UPDATE TO THE COMMITTEE THAT the Committee receives the verbal updates provided by the Leadership Team on key activities or issues. 7.4 CFO UPDATE THAT the Audit Risk and Business Improvement Committee receive the Chief Financial Officer’s update. 7.5 2018-19 FINANCIAL STATEMENTS TIMETABLE Council is required to provide key dates to the External Auditors of when information will be available for Audit. 7.6 REPORTABLE LOSSES THAT the Audit, Risk and Business Improvement Committee receive the report on reportable losses. 7.7 EXTERNAL AUDIT PLAN 2018-19 THAT the Audit, Risk and Business Improvement Committee receive the draft 2018-19 External Audit Plan. 7.8 EXTERNAL AUDITOR’S UPDATE
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THAT the Committee receive the update from the External Auditors. 7.9 SUMMARY OF QAO REPORT 12: 2018-19 “MARKET-LED PROPOSALS” THAT the Audit, Risk and Business Improvement Committee receive this report on the QAO Report 12: 2018-19 “Market-led proposals” 7.10 INTERNAL AUDIT UPDATE THAT the Committee receive the report on Internal Audit. 7.11 ANNUAL REVIEW OF INTERNAL AUDIT POLICY AND CHARTER THAT the updated Internal Audit Charter be endorsed by the Committee. 7.12 OVERVIEW OF INFRASTRUCTURE QUALITY MANAGEMENT SYSTEM THAT the Committee receive the overview of the Quality Management System report. 7.13 RISK MANAGEMENT FRAMEWORK THAT the Audit, Risk and Business Improvement Committee receive this report on Council’s Risk Management Framework. 7.14 CORPORATE RISK REGISTER THAT the Audit, Risk and Business Improvement Committee receive the report and notes the status of the Corporate Risk Register. 7.15 FINANCIAL SUSTAINABILITY MONITORING – QUARTERLY BUDGET REVIEW (19Q2) THAT the Audit, Risk and Business Improvement Committee receive the 2018/19 Second Quarter Budget Review for information. 7.16 BUSINESS TRANSFORMATION TEAM WORKS PROGRAMME THAT the Audit, Risk and Business Improvement Committee receive the report. 11.1 RISK MANAGEMENT THAT the Committee receive the Risk Management Report for information. 11.2 CEO UPDATE ON EMERGING ISSUES THAT the Committee receive the verbal update provided by the Chief Executive Officer on emerging issues. 11.3 CONFIRM WHETHER MEMBERS’ BRIEFING SESSION IS REQUIRED THAT it is confirmed that there is no requirement for a Member’s Briefing following the meeting.
BACKGROUND The Audit, Risk and Business Improvement Committee (ARaBIC) operates in accordance with the ARaBIC Policy and ARaBIC Terms of Reference. COMMENTARY The Chair determined that as no decisions were required, the resolution for agenda item 11.2 did not need to be moved, seconded or voted upon. For clarity, the CEO did provide a verbal update on topics consistent with the content of the report. PREVIOUS DECISIONS Not applicable, each report on a Committee meeting is considered separately from previous reports.
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BUDGET IMPLICATIONS Section 105 of the Local Government Act 2009 requires Council to establish an Audit Committee. Section 211 of the Local Government Regulations 2012 requires this report to be presented to Council following each meeting of the Committee. There are no budget implications as a result of the Committee meeting. LEGISLATIVE CONTEXT Section 105 of the Local Government Act 2009 requires Council to establish an Audit Committee. Section 211 of the Local Government Regulations 2012 requires this report to be presented to Council following each meeting of the Committee. LEGAL IMPLICATIONS There are no legal implications arising from the operation of the Committee. STAFFING IMPLICATIONS There are no staffing implications as a result of the Committee meeting. RISK ASSESSMENT The Audit, Risk and Business Improvement Committee is a key part of the governance structures established by Council that help ensure there is effective ongoing risk management. CORPORATE/OPERATIONAL PLAN Corporate Plan Reference: Strategy GO2: Develop strategic plans and policies to address local and regional issues and guide service provision. LOCAL GOVERNMENT PRINCIPLES The Local Government principles are – (a) Transparent and effective processes, and decision-making in the public interest; and (b) Sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) Democratic representation, social inclusion and meaningful community engagement; and (d) Good governance of, and by, Local Government; and (e) Ethical and legal behaviour of councillors and Local Government employees. CONCLUSION Council is demonstrating strong governance responsibilities by enabling independent oversight of the: management of risk; compliance with legislation and standards; internal audit function; and external audit and reporting requirements.
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12.5 REGIONAL ARTS DEVELOPMENT FUND ROUND TWO 2018/2019
File No: GS15.2.5 Attachments: Nil Responsible Officer: Trish Weir - Manager Customer Service Brett Bacon - Executive Director Liveability and Wellbeing Author: Julie Bickley - Coordinator Library & Arts
SUMMARY Twelve applications were received for Round Two of the 2018/2019 Regional Arts Development Fund, which closed on Monday 25 February 2019 with a total amount of $59,068 requested. Budget available for the 2018/2019 year was $65,556 with $36,828 expended in Round One. The Regional Arts Development Fund Assessment Panel assessed the applications and nominated that nine applicants met the programme criteria and recommended they be funded for the total amount of $29,996.
OFFICER’S RECOMMENDATION THAT in accordance with the recommendation of the Livingstone Shire Regional Arts Development Fund Assessment Panel, the following grant applications be funded from the Regional Arts Development Fund.
Name Purpose of Grant $Total $ Grant $ Grant Project Requested Recommended Expenses
Beach Potters Towards holding a $5,250 $3,150 $2,750 Association Inc workshop to make glazes from scratch, develop glaze recipes and firing techniques.
Kristen Towards costs of $7,000 $5,000 $2,500 Hannaford researching, writing and editing a sequence of five short stories set in the Livingstone Shire region.
Ms Deborah Towards costs of $9,350 $4,300 $4,300 Dekovic recording original music developed in her disability/dementia music workshops
Gallery of Fine Towards costs of $11,170 $5,180 $1,220 Arts paying tutors for eight visual arts workshops at Emu Park Gallery.
Ms Karen Towards creating a $6,020 $1,980 $1,980 Jones website for Artsynergy,
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an arts project for artists with disability living in Central Queensland.
Club 28 Towards costs of $17,437 $6,840 $5,700 creating a big band show, bringing experienced performers from interstate to Yeppoon to perform with local musicians.
Tropical Bloom Towards costs of $18,920 $5,800 $3,600 Festival bringing Auaha Maori dance group to Tropical Bloom Festival to teach workshops and cultural performance as part of the multicultural arts programme.
Rockhampton Towards costs of $5,971 $2,546 $2,546 Woodworkers bringing Neil Turner, Guild Inc master turner from Western Australia to The Caves for a workshop in woodturning.
CQU Village Towards costs of $27,900 $5,400 $5,400 Festival engaging a curator and artists to produce an art installation at the 2019 festival.
BACKGROUND The Regional Arts Development Fund is a partnership between state and local governments which invests in quality arts and cultural experiences across Queensland based on locally determined priorities. The Regional Arts Development Fund 2018/19 promotes the significance and value of arts, culture and heritage as the key to: 1) Supporting diversity and inclusivity; 2) Growing stronger regions; and 3) Provide training, education and employment opportunities for Queensland artists and local communities. The budget available for the 2018/2019 rounds of Regional Arts Development Fund is $65,556 (comprising $35,000 from the State Government Arts Queensland, $30,000 from Livingstone Shire Council and $556 carryover from last year). Round One allocated $36,828 to successful applicants. Round Two closed on Monday 25 February 2019, with twelve (12) applications received with a total amount of $59,068 requested. COMMENTARY Twelve (12) applications were received for Round Two of the 2018/2019 Regional Arts Development Fund which closed on Monday 25 February, 2019.
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The Regional Arts Assessment Panel assessed the applications and nominated that nine (9) applicants met the programme criteria and are recommended to be funded for the amount of $29,996. PREVIOUS DECISIONS This specific matter has not been the subject of any Council decision. At its meeting of the 20 November 2019, Council resolved to approve ten (10) applications. This request is consistent with previous decisions. BUDGET IMPLICATIONS The request can be readily accommodated within the budget allocation for the purposes of the Regional Arts Development Fund. LEGISLATIVE CONTEXT There is no legislative context applicable to the administration of the Regional Arts Development Fund. LEGAL IMPLICATIONS There are no legal implications associated with administering the Regional Arts Development Fund. STAFFING IMPLICATIONS The administration of the Regional Arts Development Fund is managed within existing Council Staff resources. RISK ASSESSMENT The principal risk associated with the grant is the misappropriation of money. Strict acquittal processes are established to ensure that all grant money is spent in accordance with its designated purpose. CORPORATE/OPERATIONAL PLAN Stragety CO2 of Council’s Corporate Plan states: ‘Facilitate programs and support local social, cultural, artistic and community building initiatives.’ LOCAL GOVERNMENT PRINCIPLES The local government principles are – (a) Transparent and effective processes, and decision-making in the public interest; and (b) Sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) Democratic representation, social inclusion and meaningful community engagement; and (d) Good governance of, and by, local government; and (e) Ethical and legal behaviour of councillors and local government employees. CONCLUSION The Regional Arts Development Fund Assessment Panel considers that the recommended applications fulfil the criteria for this funding programme and that the proposed projects will offer benefits to the Livingstone Shire.
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12.6 VERSION 2 WASTE AND RECYCLING COMMUNITY SERVICE OBLIGATION POLICY AND PROCEDURE
File No: 4.7.31 Attachments: 1. Draft Policy (v2)⇩ 2. Draft Procedure (v2)⇩ 3. Ordinary Meeting Agenda 10 June 2014⇩ Responsible Officer: Dan Toon - Executive Director Infrastructure Author: Carrie Burnett - Policy & Planning Officer
SUMMARY This report seeks Council’s adoption of version 2 of the Waste and Recycling Community Service Obligation Policy and endorsement of its associated Procedure.
OFFICER’S RECOMMENDATION THAT Council: 1. Adopt the Waste and Recycling Community Service Obligation Policy (v2); and 2. Endorse the approval of the Waste and Recycling Community Service Obligation Procedure (v2) by the Executive Director Infrastructure.
BACKGROUND The Waste and Recycling Community Service Obligation Policy and Procedure apply to the provision of free or concessional waste management services and ensure that a consistent and fair approach is taken when assessing requests. Version 1 of the Waste and Recycling Community Service Obligation Policy and Procedure were adopted/approved by Council at its 10 June 2014 Meeting and Version 2 is now presented for Council consideration. COMMENTARY Staff undertake reviews of policy documents to ensure currency and relevance to Council practices. Councillors were briefed on the updates to the policy on 18 February, 2019. The Policy is now presented to Council for adoption. The Executive Director Infrastructure seeks Council endorsement of the procedure before he authorises it. PREVIOUS DECISIONS At its 10 June 2014 Meeting, Council resolved: ‘THAT Council: 1. Adopt the Waste and Recycling Community Service Obligation Policy; and 2. Endorse the approval of the Waste and Recycling Community Service Obligation Procedure by the Director Infrastructure Services.’ BUDGET IMPLICATIONS The cost to administer this policy is already included in the current budget. LEGISLATIVE CONTEXT Not applicable LEGAL IMPLICATIONS Not applicable
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STAFFING IMPLICATIONS Existing staff and resources are utilised to implement the policy and procedure. RISK ASSESSMENT The risks associated with this policy are minimal. Any approved funding is within the budget allocation. This policy supports Council’s positive image through the provision of an important community service. CORPORATE/OPERATIONAL PLAN Corporate Plan Reference: Strategy GO2: Develop strategic plans and policies to address local and regional issues and guide service provision. LOCAL GOVERNMENT PRINCIPLES The local government principles are – (a) Transparent and effective processes, and decision-making in the public interest; and (b) Sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) Democratic representation, social inclusion and meaningful community engagement; and (d) Good governance of, and by, local government; and (e) Ethical and legal behaviour of councillors and local government employees. CONCLUSION It is important that Council policy documents remain current and are reflective of relevant work practices. Council should adopt the Waste and Recycling Community Service Obligation Policy and endorse the associated procedure to ensure that a consistent and fair approach is taken when assessing requests for the provision of free or concessional waste management services.
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12.6 - VERSION 2 WASTE AND RECYCLING COMMUNITY SERVICE OBLIGATION POLICY AND PROCEDURE
Draft Policy (v2)
Meeting Date: 19 March 2019
Attachment No: 1
Page (68) Item 12.6 - Attachment 1 Draft Policy (v2)
Attachment 1 Page 69
Item 12.6 - Attachment 1 Draft Policy (v2)
Attachment 1 Page 70
Item 12.6 - Attachment 1 Draft Policy (v2)
12.6 - VERSION 2 WASTE AND RECYCLING COMMUNITY SERVICE OBLIGATION POLICY AND PROCEDURE
Draft Procedure (v2)
Meeting Date: 19 March 2019
Attachment No: 2
Attachment 1 Page 71
Item 12.6 - Attachment 2 Draft Procedure (v2)
Attachment 2 Page 72
Item 12.6 - Attachment 2 Draft Procedure (v2)
Attachment 2 Page 73
Item 12.6 - Attachment 2 Draft Procedure (v2)
Attachment 2 Page 74
Item 12.6 - Attachment 2 Draft Procedure (v2)
12.6 - VERSION 2 WASTE AND RECYCLING COMMUNITY SERVICE OBLIGATION POLICY AND PROCEDURE
Ordinary Meeting Agenda 10 June 2014
Meeting Date: 19 March 2019
Attachment No: 3
Attachment 2 Page 75
Item 12.6 - Attachment 3 Ordinary Meeting Agenda 10 June 2014
Attachment 3 Page 76
Item 12.6 - Attachment 3 Ordinary Meeting Agenda 10 June 2014
Attachment 3 Page 77
Item 12.6 - Attachment 3 Ordinary Meeting Agenda 10 June 2014
Attachment 3 Page 78
Item 12.6 - Attachment 3 Ordinary Meeting Agenda 10 June 2014
Attachment 3 Page 79
Item 12.6 - Attachment 3 Ordinary Meeting Agenda 10 June 2014
Attachment 3 Page 80
Item 12.6 - Attachment 3 Ordinary Meeting Agenda 10 June 2014
Attachment 3 Page 81
Item 12.6 - Attachment 3 Ordinary Meeting Agenda 10 June 2014
Attachment 3 Page 82
Item 12.6 - Attachment 3 Ordinary Meeting Agenda 10 June 2014
Attachment 3 Page 83
ORDINARY MEETING AGENDA 19 MARCH 2019
12.7 VERSION 2 CLEARING SEWER BLOCKAGES IN PRIVATE PROPERTY POLICY
File No: 4.7.29 Attachments: 1. Draft Policy (v2)⇩ 2. Ordinary Meeting Agenda 10 June 2014⇩ Responsible Officer: Dan Toon - Executive Director Infrastructure Author: Carrie Burnett - Policy & Planning Officer
SUMMARY This report seeks Council’s adoption of version 2 of the Clearing Sewer Blockages in Private Property Policy. OFFICER’S RECOMMENDATION THAT Council adopt the Clearing Sewer Blockages in Private Property Policy (v2). BACKGROUND The Clearing of Sewer Blockages in Private Property Policy applies to premises that may have a blockage in the sewerage system. Version 1 of the policy was adopted by Council at its 10 June 2014 Meeting and Version 2 is now presented for Council consideration. COMMENTARY Staff undertake reviews of policy documents to ensure currency and relevance to Council practices. Councillors were briefed on the new policy on 18 February, 2019 and it is now presented to Council for adoption. PREVIOUS DECISIONS At its 10 June 2014 Meeting, Council resolved: ‘THAT Council adopt the Clearing Sewer Blockages in Private Property Policy’ BUDGET IMPLICATIONS The Clearing Sewer Blockages in Private Property Policy provides clarity on responsibilities related to the clearing of sewer blockages and could contribute to some small cost savings. LEGISLATIVE CONTEXT The relevant legislation is identified In Item 3 of the policy. LEGAL IMPLICATIONS Not applicable STAFFING IMPLICATIONS Existing staff and resources will be utilised to implement the policy. RISK ASSESSMENT The Clearing Sewer Blockages in Private Property Policy provides clarity on responsibilities related to the clearing of sewer blockages. Without the policy there is a risk of uncertainty and use of Council resources to undertake work which is the responsibility of the property owner. CORPORATE/OPERATIONAL PLAN Corporate Plan Reference: Strategy GO2: Develop strategic plans and policies to address local and regional issues and guide service provision.
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LOCAL GOVERNMENT PRINCIPLES The local government principles are – (a) Transparent and effective processes, and decision-making in the public interest; and (b) Sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) Democratic representation, social inclusion and meaningful community engagement; and (d) Good governance of, and by, local government; and (e) Ethical and legal behaviour of councillors and local government employees. CONCLUSION It is important that Council policy documents remain current and are reflective of relevant work practices. Council should adopt the Clearing Sewer Blockages in Private Property Policy to ensure that the community is aware of Council’s position in relation to undertaking repairs to and clearing of blockages in the sewerage system.
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12.7 - VERSION 2 CLEARING SEWER BLOCKAGES IN PRIVATE PROPERTY POLICY
Draft Policy (v2)
Meeting Date: 19 March 2019
Attachment No: 1
Page (86) Item 12.7 - Attachment 1 Draft Policy (v2)
Attachment 1 Page 87
Item 12.7 - Attachment 1 Draft Policy (v2)
Attachment 1 Page 88
Item 12.7 - Attachment 1 Draft Policy (v2)
Attachment 1 Page 89
Item 12.7 - Attachment 1 Draft Policy (v2)
12.7 - VERSION 2 CLEARING SEWER BLOCKAGES IN PRIVATE PROPERTY POLICY
Ordinary Meeting Agenda 10 June 2014
Meeting Date: 19 March 2019
Attachment No: 2
Attachment 1 Page 90
Item 12.7 - Attachment 2 Ordinary Meeting Agenda 10 June 2014
Attachment 2 Page 91
Item 12.7 - Attachment 2 Ordinary Meeting Agenda 10 June 2014
Attachment 2 Page 92
Item 12.7 - Attachment 2 Ordinary Meeting Agenda 10 June 2014
Attachment 2 Page 93
Item 12.7 - Attachment 2 Ordinary Meeting Agenda 10 June 2014
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Item 12.7 - Attachment 2 Ordinary Meeting Agenda 10 June 2014
Attachment 2 Page 95
ORDINARY MEETING AGENDA 19 MARCH 2019
12.8 REQUEST FOR COMMENT - LOT 109 ON SP178490 TO BECOME TRANSFERABLE LAND UNDER ABORIGINAL LAND ACT 1991
File No: GR14.4.2 Attachments: 1. Aerial - Lot 109 and Lot 110 on Survey Plan 17490⇩
Responsible Officer: Brett Bacon - Executive Director Liveability and Wellbeing Mark McLean - Principal Property Officer Author: Maddie Crigan - Property Officer
SUMMARY This report pertains to an expression of interest received by the Department of Natural Resources, Mines and Energy for the recreation and environmental reserve described as Lot 109 on Survey Plan 178490 to become transferable land under the Aboriginal Land Act 1991.
OFFICER’S RECOMMENDATION THAT Council advise the Department of Natural Resources, Mines and Energy that it has no objection to the expression of interest for the recreation and environmental reserve described as Lot 109 on Survey Plan 178490 to become transferable land under the Aboriginal Land Act 1991.
BACKGROUND Council has received notice that the Department of Natural Resources, Mines and Energy is undertaking a land planning evaluation on a parcel of land located at Mount Wheeler Road, Cawarral, described as Lot 109 on Survey Plan 178490 and comprising 35.02 hectares (refer Attachment One). The land planning evaluation is being undertaken in response to an expression of interest received by the Department of Natural Resources, Mines and Energy for Lot 109 to become transferable land under the Aboriginal Land Act 1991. Pursuant to the Aboriginal Land Act 1991, freehold cannot be sold or mortgaged but can be leased for up to ninety-nine (99) years. It can be subdivided and is subject to all normal planning and local government laws. Lot 109 includes the southernmost point of Gai-i, the mountain formerly known as Mount Wheeler (refer Attachment One) and is dedicated reserve land for recreation and environmental purposes under the control of the Gawula Aboriginal Land Trust (Darumbal people), as Trustee. COMMENTARY Under the Aboriginal Land Act 1991, Aboriginal people who have a particular connection with dedicated reserve land under Aboriginal tradition, or live on or use the land or neighbouring land may express an interest in having the reserve land made transferable land. If the land becomes transferable under the Aboriginal Land Act 1991 it may then be granted as freehold for the benefit of indigenous persons. In the event that the land becomes freehold, the owner will have the ability to restrict access to the community. As part of its evaluation process and to assist it in determining the appropriate use and tenure for the land, the Department of Natural Resources, Mines and Energy is seeking comment from Council on the proposal. Comment on this proposal was sought from Council’s various business units and there is general support for the land being transferable land under the Aboriginal Land Act 1991.
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PREVIOUS DECISIONS The subject matter of this report has not been the subject of any previous Council resolution or direction. BUDGET IMPLICATIONS There are no foreseeable budget implications associated with this matter. LEGISLATIVE CONTEXT In this instance, the disposal of public land is undertaken in accordance with the provisions of the Land Act 1994, the Aboriginal Land Act 1991 and the Native Title Act 1993. LEGAL IMPLICATIONS There are no foreseeable legal implications associated with this matter. STAFFING IMPLICATIONS There are no staffing implications for Council associated with this matter. RISK ASSESSMENT The risk in providing support for Lot 109 on SP178490 to become transferable land is that the land will have its reserve status revoked and will no longer be available for community use. CORPORATE/OPERATIONAL PLAN Strategy AM4 of Council’s Corporate Plan states: ‘Operate, maintain and use Council assets to deliver efficient and cost effective services to the community.’ LOCAL GOVERNMENT PRINCIPLES The local government principles are – (a) Transparent and effective processes, and decision-making in the public interest; and (b) Sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) Democratic representation, social inclusion and meaningful community engagement; and (d) Good governance of, and by, local government; and (e) Ethical and legal behaviour of councillors and local government employees. CONCLUSION The Department of Natural Resources, Mines and Energy has sought comment from Council on the proposal to allow the recreation and environmental reserve described as Lot 109 on SP178490 to become transferable land under the Aboriginal Land Act 1991. The request is appropriate and is supported by officers.
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12.8 - REQUEST FOR COMMENT - LOT 109 ON SP178490 TO BECOME TRANSFERABLE LAND UNDER ABORIGINAL LAND ACT 1991
Aerial - Lot 109 and Lot 110 on Survey Plan 17490
Meeting Date: 19 March 2019
Attachment No: 1
Page (98) Item 12.8 - Attachment 1 Aerial - Lot 109 and Lot 110 on Survey Plan 17490
Attachment 1 Page 99
ORDINARY MEETING AGENDA 19 MARCH 2019
12.9 PROPOSED PERMANENT ROAD CLOSURE ADJOINING LOT 1 ON RP848851
File No: GR14.4.2 Attachments: 1. Plan of Proposed Road to be Permanently Closed⇩ 2. Letter from the Department of Natural Resources, Mines and Energy - 20 February 2019⇩
Responsible Officer: Mark McLean - Principal Property Officer David Mazzaferri - Manager Disaster Management, Recovery and Resilience Brett Bacon - Executive Director Liveability and Wellbeing Author: Maddie Crigan - Property Officer
SUMMARY This report pertains to an application to permanently close part of the Venture Road road reserve adjoining 390 Diary Inn Road, to enable it to be amalgamated with that property.
OFFICER’S RECOMMENDATION THAT Council resolve to advise the Department of Natural Resources, Mines and Energy that it objects to the application to permanently close approximately 6.5 hectares of road reserve adjoining Lot 1 on Registered Plan 848851 at Dairy Inn Road, Cawarral for the following reasons: 1) The subject land is a strategic fire trail utilised by the Rural Fire Service. 2) The subject land could be required at some future time for its gazetted purpose (id est road reserve, as a potential strategic north-south link). 3) The vegetation within the road reserve has importance and is recognised as containing Matters of State Environmental Significance and Waterways under the Livingstone Planning Scheme 2018. The southern half of the road reserve is also mapped as High Risk for Protected Plants.
BACKGROUND In March 2018, Council received a request from the owner of Lot 1 on Registered Plan 848851 at Dairy Inn Road, Cawarral for its views on a proposal to permanently close approximately 6.5 hectares of road reserve so the land could be incorporated into the adjoining freehold land (Attachment One depicts the proposed permanent road closure area). In March 2018, comment was sought from internal stakeholders within Council on the proposed road closure and no objections were received on the proposal at that time. Council subsequently provided the owner of Lot 1 with a signed ‘Statement in relation to an application under the Land Act 1994 over State land’ as notification to the Department of Natural Resources, Mines and Energy that use of the land as proposed in an application for road closure will be authorised by Council, as the road manager. On 20 February 2019, Council received a request from the Department of Natural Resources, Mines and Energy for its views on the same proposed road closure (Attachment Two is a copy of the letter).
Page (100) ORDINARY MEETING AGENDA 19 MARCH 2019
COMMENTARY Under the Land Act 1994 an adjoining land owner may apply to have an area of road permanently closed and incorporated into the applicant’s adjoining freehold land. Given the time that had elapsed between the provision of the Statement to the applicant in April 2018 and the letter of request received from the Department of Natural Resources, Mines and Energy in February 2019, it was decided to seek further comment from internal stakeholders, which in this instance also included Council’s Disaster Management and Resilience Section, Natural Resource Management Section and Community Partnerships unit which were not previously consulted. It should be noted that in past practice consultation was not sought from these areas. The following comments were provided in relation to the proposed closure: Disaster Management and Resilience The Disaster Management and Resilience section objects to the proposed permanent road closure as this land is a strategic fire trail utilised by the Rural Fire Service. Natural Resource Management The vegetation within the reserve has importance and is recognised as containing Matters of State Environmental Significance and Waterways under the Livingstone Planning Scheme 2018. The southern half of the road reserve is also mapped as High Risk for Protected Plants. Given the environmental value and the community use Natural Resource Management recommends Council object to the road closure. Infrastructure Portfolio Engineering Services objects to the proposed road closure as the road reserve could be required for its gazetted purpose at some future time. The subject road reserve is not identified in Council’s Local Government Infrastructure Plan as future trunk infrastructure but as a potential strategic north-south link beyond the life of the Local Government Infrastructure Plan this road reserve should be retained for its gazetted purpose. Construction and Maintenance objects to the proposed road closure as Council currently maintains a track in this road reserve as a fire trail for bush fire access purposes. Development Assessment The property (Lot 1 on RP848851) is in the Rural Zone and the road reserve area is affected by the following overlays: OM07 – Biodiversity – Habitat and vegetation - MSES – Regulated vegetation OM10 – Biodiversity – Wetlands and waterways - Waterways – MSES - Watercourse OM11 – Biodiversity – Waterways – Stream order 1 or 2 - Waterway potential assessment area OM12 – Bushfire hazard area - Medium potential bushfire intensity - Potential impact buffer OM15 – Drainage problem area OM20 – Road hierarchy Rural arterial – Dairy Inn Road The road reserve does not provide access to any lot. Community Partnerships No objection/comment. Notwithstanding Council’s advice to the applicant in April 2018, as can be seen by the above comments there have now been strategic and environmental reasons identified as to why Council should object to the application.
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PREVIOUS DECISIONS The subject matter of this report has not been the subject of any previous Council resolution or direction. BUDGET IMPLICATIONS There are no foreseeable budget implications associated with this matter. LEGISLATIVE CONTEXT In this instance, the disposal of public land is undertaken in accordance with the provisions of the Land Act 1994. LEGAL IMPLICATIONS There are no foreseeable legal implications associated with the consideration of this matter. STAFFING IMPLICATIONS There are no staffing implications for Council associated with the consideration of this matter. RISK ASSESSMENT The principal risk associated with the objecting to the road closure is that Council has previously stated it had no concerns. However, it has subsequently come to light that the road reserve has importance environmentally, for disaster management, and for future road network. Consequently, whilst it is not ideal, Council needs to acknowledge the erroneous nature of its previous advice. It can be advised that the process for considering initial requests for road closures and subsequently been modified to avoid occurrences such as this. Allowing the road reserve to be relinquished would create issues for disaster management, potentially compromise environmental values and prevent the progression of logical road networks, when required. CORPORATE/OPERATIONAL PLAN Strategy AM4 of Council’s corporate Plan states: ‘Operate, maintain and use Council assets to deliver efficient and cost effective services to the community.’ LOCAL GOVERNMENT PRINCIPLES The local government principles are – (a) Transparent and effective processes, and decision-making in the public interest; and (b) Sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) Democratic representation, social inclusion and meaningful community engagement; and (d) Good governance of, and by, local government; and (e) Ethical and legal behaviour of councillors and local government employees. CONCLUSION The Department of Natural Resources, Mines and Energy is seeking Council’s views on an application to permanently close approximately 6.5 hectares of road reserve adjoining Lot 1 on Registered Plan 848851 at Dairy Inn Road, Cawarral, so that it may be amalgamated into the adjoining freehold land. Consideration of the proposed road closure by internal Council stakeholders has identified strategic and environmental reasons as to why Council should object to the application.
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12.9 - PROPOSED PERMANENT ROAD CLOSURE ADJOINING LOT 1 ON RP848851
Plan of Proposed Road to be Permanently Closed
Meeting Date: 19 March 2019
Attachment No: 1
Page (103) Item 12.9 - Attachment 1 Plan of Proposed Road to be Permanently Closed
Attachment 1 Page 104
Item 12.9 - Attachment 1 Plan of Proposed Road to be Permanently Closed
12.9 - PROPOSED PERMANENT ROAD CLOSURE ADJOINING LOT 1 ON RP848851
Letter from the Department of Natural Resources, Mines and Energy - 20 February 2019
Meeting Date: 19 March 2019
Attachment No: 2
Attachment 1 Page 105
Item 12.9 - Attachment 2 Letter from the Department of Natural Resources, Mines and Energy - 20 February 2019
Attachment 2 Page 106
ORDINARY MEETING AGENDA 19 MARCH 2019
12.10 REQUEST FOR RENEWAL OF LEASE - THE CAVES RURAL FIRE BRIGADE
File No: CP5.9.2-175 Attachments: 1. Aerial - The Caves Rural Fire Brigade, 22 Barmoya Road The Caves⇩ Responsible Officer: David Mazzaferri - Manager Disaster Management, Recovery and Resilience Brett Bacon - Executive Director Liveability and Wellbeing Author: Mark McLean - Principal Property Officer
SUMMARY This report pertains to a request from the Public Safety Business Agency on behalf of The Caves Rural Fire Brigade to renew its freehold lease over land described as Lot 8 on Registered Plan 605788 at 22 Barmoya Road, The Caves.
OFFICER’S RECOMMENDATION THAT Council resolve: 1. that the exception mentioned in Section 236(1)(b)(i) of the Local Government Regulation 2012 may apply in its dealing with the State of Queensland (represented by Public Safety Business Agency) on behalf of The Caves Rural Fire Brigade over Lot 8 on Registered Plan 605788; and 2. to provide a twenty (20) year lease with one five-year option to the State of Queensland (represented by Public Safety Business Agency) on behalf of The Caves Rural Fire Brigade, at a nominal rent amount of $1 per annum, over Lot 8 on Registered Plan 605788.
BACKGROUND The State of Queensland (represented by Department of Community Safety) currently holds a tent (10) year lease over Lot 8 on Registered Plan 605788 at 22 Barmoya Road, The Caves which comprises 809 square metres (Attachment One is an aerial photograph of the site). The lease, which is for the conduct of the activities associated with The Caves Rural Fire Brigade, will expire on 30 June 2019. Rent on the lease is $1 nominal, and under Category Ten (10) – Rural Fire Brigade of Council’s Rates, Rebates and Remissions Policy there are no rates or charges payable on the property. COMMENTARY In January 2019, the Public Safety Business Agency contacted Council requesting a further lease over the property for The Caves Rural Fire Brigade. The request was for a term of twenty (20) years with one five-year option, and a rental of $1 nominal. The Caves Rural Fire Brigade provides an essential service to the local community and is staffed by volunteers. PREVIOUS DECISIONS The existing lease over the property was issued by the Rockhampton Regional Council. BUDGET IMPLICATIONS There are no foreseeable budget implications associated with the consideration of this matter. LEGISLATIVE CONTEXT
Page (107) ORDINARY MEETING AGENDA 19 MARCH 2019
Under Section 236 of Local Government Regulation 2012 (Exceptions for valuable non- current asset contracts) a local government may dispose of a valuable non-current asset to a government agency other than by tender or auction only if, before the disposal, the local government has decided by resolution that the exception may apply on the disposal. LEGAL IMPLICATIONS There are no legal implications associated with the consideration of this matter. STAFFING IMPLICATIONS There are no significant staffing implications associated with this matter. Negotiation and preparation of the lease agreement will be accommodated in the existing capacities of the Property team. RISK ASSESSMENT The risk in not providing a further lease is that The Caves Rural Fire Brigade would be required to find an alternative location for its operations and the storage of emergency equipment and vehicles which service The Caves area. CORPORATE/OPERATIONAL PLAN Strategy AM4 of Council’s Corporate Plan states: ‘Operate, maintain and use Council assets to deliver efficient and cost effective services to the community.’ LOCAL GOVERNMENT PRINCIPLES The local government principles are – (a) Transparent and effective processes, and decision-making in the public interest; and (b) Sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) Democratic representation, social inclusion and meaningful community engagement; and (d) Good governance of, and by, local government; and (e) Ethical and legal behaviour of councillors and local government employees. CONCLUSION A resolution is sought from Council to apply the exception provided by Section 236(1)(b)(i) of the Local Government Regulation 2012 in its dealing with the Public Safety Business Agency over the whole of Lot 8 on Registered Plan 605788, and resolving to provide a twenty (20) year lease with one five-year option to State of Queensland (represented by Public Safety Business Agency) on behalf of The Caves Rural Fire Brigade.
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12.10 - REQUEST FOR RENEWAL OF LEASE - THE CAVES RURAL FIRE BRIGADE
Aerial - The Caves Rural Fire Brigade, 22 Barmoya Road The Caves
Meeting Date: 19 March 2019
Attachment No: 1
Page (109) Item 12.10 - Attachment 1 Aerial - The Caves Rural Fire Brigade, 22 Barmoya Road The Caves
Attachment 1 Page 110
ORDINARY MEETING AGENDA 19 MARCH 2019
12.11 NAMING A LANE IN KEPPEL SANDS
File No: RD28.4.1 Attachments: 1. Locality Sketch⇩ Responsible Officer: Dan Toon - Executive Director Infrastructure Author: Michael Prior - Manager Infrastructure Operations
SUMMARY Council resolved at the 20 November 2018 Ordinary Meeting to undertake to name the un- named laneway that connects the E. R. Larcombe Memorial Hall to Roden Street by using the LSC Naming Of Infrastructure Assets Policy. Following community consultation in accordance with the Policy, there is community support for the lane linking Roden Street with Adams Street to be named Loaders Lane.
OFFICER’S RECOMMENDATION THAT Council resolve to name the lane between Roden Street and Adams Street in Keppel Sands Loaders Lane.
BACKGROUND Council resolved on a Notice of Motion from Councillor Belot at the 20 November 2018 Ordinary Meeting to undertake to name the un-named laneway that connects E. R. Larcombe Memorial Hall to Roden Street by using the LSC Naming of Infrastructure Assets Policy. Council also resolved that subject to consultation outcomes, to proceed with the naming of the un-named lane as per Keppel Sands community feedback. The naming of this lane is required to conform to Council’s Naming of Infrastructure Assets Policy and Procedure. Under section 5.2 of this policy, the process for naming an asset may be initiated if: 1) A request is received from an affected land owner or the community and the Director Infrastructure Services authorises the process to commence; 2) Council resolves that a name be investigated; 3) Council staff determine it is in the public interest to investigate a change in name; 4) Council is required to assign a name to new roads created through new development. An advertisement was placed in the Saturday’s edition of The Morning Bulletin on 12 January 2019. Nominations closed on 28 January 2019. The request to name the laneway is able to be assessed under Council’s Naming of Infrastructure Assets Procedure. COMMENTARY In response to the call for nominations Council has received 35 submissions with eleven (11) of the submitted names being eligible for assessment against the criteria in the policy. Some of the eleven (11) names received multiple nominations while the most popular was Loaders Lane which received ten (10) nominations. A total of twenty three (23) different people submitted a nomination. One of the submitters advised that in relation to the name Loaders Lane; “Loaders Lane is the popular choice in Keppel Sands. Traditionally lanes, roads and buildings have been named after Keppel Sands personalities. The Loaders over time have owned land in the area and adjoining the lane. The Loader family has been in business in Keppel Sands for many years and hopefully will be for years to come. Michael Loader is an unsung hero in Keppel Sands. The Lucky 7 Grocery shop and post office are very important assets in Keppel Sands.”
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Tamara Waters, the secretary of the Keppel Sands Community Advancement League has been involved in organizing the submissions. Loaders Lane is clearly the most popular choice and is the only submission to have provided background for the nomination. When assessed against the criteria in the policy, the name Loaders Lane scored the highest. Loaders Lane satisfies at least five (5) of the criteria. PREVIOUS DECISIONS There are no known previous Council decisions in relation to this matter. BUDGET IMPLICATIONS Any need for street name signs resulting from a decision on this matter can be funded from existing budget allocations. LEGISLATIVE CONTEXT Council has responsibility and authority under s60 (2) (d) of the Local Government Act to manage roads. LEGAL IMPLICATIONS There are no known legal implications arising from consideration of this report. STAFFING IMPLICATIONS There are no known staffing implications arising from consideration of this report. RISK ASSESSMENT There is a risk that some in the Keppel Sands community will not agree with Loaders Lane being the preferred name for the un-named lane but following community consultation, that is the name that is the clear choice that the majority of persons who took the time to submit a nomination. CORPORATE/OPERATIONAL PLAN Corporate Plan Reference: Strategy AM4: Operate, maintain and use Council assets to deliver efficient and cost effective services to the community. LOCAL GOVERNMENT PRINCIPLES The local government principles are – (a) Transparent and effective processes, and decision-making in the public interest; and (b) Sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) Democratic representation, social inclusion and meaningful community engagement; and (d) Good governance of, and by, local government; and (e) Ethical and legal behaviour of councillors and local government employees. CONCLUSION Community support for the un-named lane between Roden and Adams Streets in Keppel Sands to be named Loaders Lane has been satisfactorily demonstrated.
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12.11 - NAMING A LANE IN KEPPEL SANDS
Locality Sketch
Meeting Date: 19 March 2019
Attachment No: 1
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Attachment 1 Page 114
ORDINARY MEETING AGENDA 19 MARCH 2019
12.12 COMMERCIAL GREEN WASTE CHARGES
File No: FM12.8.1 Attachments: Nil Responsible Officer: Dan Toon - Executive Director Infrastructure Author: Sean Fallis - Manager Water and Waste Operations
SUMMARY This report proposes changes to the current charges for commercial green waste. There has recently been some adverse publicity regarding the charges and a review has revealed some inconsistencies. The proposed changes will address these issues.
OFFICER’S RECOMMENDATION THAT Council resolve to amend the 2018/19 charges for commercial green waste (green waste transported by commercial operators) to $5/m3 (volume charge) or $30/tonne (weight charge) with a minimum charge of $5.00 and that it be applied to all commercial operators.
BACKGROUND Landfill disposal charges for commercial green waste (ie green waste transported by commercial operators) have been in place for some years. These are reviewed with each budget. The current charge is $60/tonne (weight fee) or $27/m3 (volume fee). There has been some ongoing confusion over the application of charges for yard maintenance contractors with utes and trailers. At one point it was proposed that they be allowed to use waste vouchers in lieu of payment. In an attempt to provide some consistency, the gatehouse attendants have not been applying charges to commercial utes and trailers but have been charging trucks. Some commercial operators who use trucks are claiming that it is unfair that they be charged because they are carting the same type of material. This has been further complicated by the weighbridge being inoperable which requires volume charges to be applied. Green waste has a density of 150 – 200 kg/m3 or approximately 6m3 per tonne. The volume charge of $27/m3 is not consistent with the weight fee of $60/tonne. A consistent volume charge would be $10/m3. It is proposed that the commercial green waste charges be amended to $5/m3 (volume charge) or $30/tonne (weight charge) with a minimum charge of $5.00 and that it be applied to all commercial operators. This is an affordable charge and will cover the cost of processing. It will apply to all types of commercial vehicles providing fairness and no doubts with application of charges. It is envisaged that in most instances loads will be weighed and the weight charge applied. The weighbridge is due to be returned to service at the end of March. The amended commercial green waste charges have been included in the proposed 2019/20 Schedule of Fees and Charges. It is further proposed that the amended charges be adopted at this time for the remainder of the 2018/19 financial year. COMMENTARY The proposed changes to commercial green waste charges will address the current inconsistencies with the volume charge and the application of charges to different vehicle types. PREVIOUS DECISIONS The current charges for commercial green waste were part of the Fees and Charges adopted at the Ordinary Council meeting on 5 June 2018.
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BUDGET IMPLICATIONS Although the proposed unit rate for commercial green waste is lower, they will apply to all commercial operators and there will be less confusion over the application of charges. It is anticipated that there will be no net change in total revenue arising from this amendment. LEGISLATIVE CONTEXT Sections 97 and 262 of the Local Government Act apply to the setting of fees and charges and have been applied. Council may amend fees and charges within a financial year by resolution. LEGAL IMPLICATIONS NIL STAFFING IMPLICATIONS No staffing implications are foreseen. RISK ASSESSMENT This amendment addresses the risk involved in lost revenue due to confusion over the application of charges. CORPORATE/OPERATIONAL PLAN Corporate Plan Reference: Strategy GO3: Pursue financial sustainability through effective use of the Council’s resources and assets and prudent management of risk. LOCAL GOVERNMENT PRINCIPLES The local government principles are – (a) Transparent and effective processes, and decision-making in the public interest; and (b) Sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) Democratic representation, social inclusion and meaningful community engagement; and (d) Good governance of, and by, local government; and (e) Ethical and legal behaviour of councillors and local government employees. CONCLUSION The fees and charges for 2018-19 are set under the provisions of the Local Government Act 2009. Council is required to make a resolution to adopt all such fees and charges and pursuant to adoption of the proposed changes the amendments will be made to the fees and charges schedule for 2018-19 and the Council website updated.
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13 CLOSED SESSION
In accordance with the provisions of section 275 of the Local Government Regulation 2012, a local government may resolve to close a meeting to the public to discuss confidential items, such that its Councillors or members consider it necessary to close the meeting.
RECOMMENDATION THAT the meeting be closed to the public to discuss the following items, which are considered confidential in accordance with section 275 of the Local Government Regulation 2012, for the reasons indicated. 14.1 LGAQ Extraordinary General Meeting - 2 April 2019 This report is considered confidential in accordance with section 275(1)(h), of the Local Government Regulation 2012, as it contains information relating to other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage. 14.2 Refund of disabled parking fine - Yeppoon Lagoon This report is considered confidential in accordance with section 275(1)(h), of the Local Government Regulation 2012, as it contains information relating to other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.
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14 CONFIDENTIAL REPORTS
14.1 LGAQ EXTRAORDINARY GENERAL MEETING - 2 APRIL 2019
File No: GR14.1.1 Attachments: 1. Notice of LGAQ General Meeting 2. LGAQ General Meeting Voting Entitlements
Responsible Officer: Chris Murdoch - Chief Executive Officer Author: Chris Murdoch - Chief Executive Officer This report is considered confidential in accordance with section 275(1)(h), of the Local Government Regulation 2012, as it contains information relating to other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.
SUMMARY The Queensland Government is pursuing a Local Government rolling reform agenda which commenced in 2018 with future changes being recently released. The Local Government Association of Queensland (LGAQ) has called a General Meeting on Tuesday 2nd April 2019 to discuss matters relating to the proposed legislative relating to local government. This report recommends the elected officials to represent Livingstone Shire Council at this meeting.
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14.2 REFUND OF DISABLED PARKING FINE - YEPPOON LAGOON
File No: LE19.3.10 Attachments: 1. Customer Statutory Declaration 2. Letter of Support Responsible Officer: Chris Murdoch - Chief Executive Officer Author: Sue Schluter - Executive Assistant to Mayor This report is considered confidential in accordance with section 275(1)(h), of the Local Government Regulation 2012, as it contains information relating to other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.
SUMMARY This report seeks a Council resolution to refund a parking infringement fine under compassionate grounds that has already been paid in full, and to consider an amendment to the financial delegation of the CEO.
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15 URGENT BUSINESS/QUESTIONS
Urgent Business is a provision in the Agenda for members to raise questions or matters of a genuinely urgent or emergent nature, that are not a change to Council Policy and can not be delayed until the next scheduled Council or Committee Meeting.
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16 CLOSURE OF MEETING
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